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DAP Forums > DREAM Act > The News Room

President Obama Uses Executive Action to Advance Energy Policy: Proof they can do it - Page 2

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#11
08-13-2011, 05:23 AM
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Quote:
Originally Posted by DreamerQuas View Post
jesus. some of you are still talkin about EOs.....wow. advancing energy bill with EO and advancing immigration bill with EO are 2 totally different animals. former has definite, immediate job creation potential, wide support across the aisle outside of energy corporation lobbyists and their puppets, and is not a hot potato, highly controversial topic.

immigration bill in any shape or form will never ever be advanced through just by executive branch. the public wont stand for it.
It is ok if he tells us that he is not going to use EO, we will understand him. I will feel better this way. But instead, he just keep lying.
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#12
08-13-2011, 04:22 PM
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Quote:
Originally Posted by MIdreamer View Post
It is ok if he tells us that he is not going to use EO, we will understand him. I will feel better this way. But instead, he just keep lying.
he already said he will not use executive power alone to advance any immigration reform effort.
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#13
08-14-2011, 02:49 AM
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Quote:
Originally Posted by DreamerQuas View Post
he already said he will not use executive power alone to advance any immigration reform effort.
He said he doesn't have the power which is a lie.
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#14
08-14-2011, 01:18 PM
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elihu
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To be fair to the poor guy (yeah, I actually feel sorry for him at times), the Constitution does give Congress explicit control over naturalization. Given that permanent residency usually ends up with its holders naturalizing as U.S. citizens, it won't look pretty if President Obama gives anyone a chance to adjust status to permanent resident. The courts won't stand for it, not to mention Congress, whether Republican or Democrat. The best the President can probably do is give deferred action of some kind, notwithstanding some other change Executive Agencies can make as to how they understand some phrases related to the 3- and 10-year bans.
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#15
08-14-2011, 04:25 PM
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Attached is a legal memo that has been drafted by law experts, including former counsels to the agencies that manage immigration, outlining the scope of executive branch authority and examples of its use in the immigration context.

It is not PR status, its more like TPS, which allow the holder to attain a limited number of the privileges granted to LPR individuals but does not guarantee the permanence of their status, the individuals may attain jobs, they may get government provided identifications (Driver's licenses) and if there is a path for them to legalize their status they may take that path, but does not supersede the current system, but does not mean they are permanent residents and does not provide a path for individuals to eventually legalize their status to even LPR status. Though it does not prevent it provided the beneficiary meets the requirements under currently existing processes of petition, adjustment under special circumstances.

But, an executive order can be used on a group of individuals for whom relief may be hoped for in the future and to prevent their deportation. Deferred action is something that is already taking place, quoting a portion of this memo

Quote:
Currently, deferred action is considered to be “a discretionary action initiated at the discretion of the agency or at the request of the alien, rather than an application process.”
There have been various cases of deferred action granted to DREAM Act eligible youth, and several procedural memo's passed relating to this topic in particular setting guidelines for what to consider in determining whether action should be taken against someone, which some have called an executive order in disguise and specifically mentions those that came at a young age and those currently attending school as mitigating circumstances in determining if deportation is warranted. But at the same time there have been various dreamers that have been deported and a lot of them may not have obtained the appropriate advice that would have set them towards the path of attaining deferred action.
Attached Files
File Type: pdf Memo_exec_branch_authority.pdf (56.1 KB, 5 views)
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#16
08-14-2011, 10:29 PM
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If EO was done to enact the Dream Act, do you guys feel that Obama would get such backlash as to even being considered for impeachment? Just want to know your guys' opinion. I know the President would of faced impeachment if he used his EO to raise the debt ceiling.
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#17
08-14-2011, 11:03 PM
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MaskedLuchador
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To begin with, he couldn't enact the Dream Act through EO. From my understanding he COULD enact a few things that would benefit us. Such as temporary none permanent residence and work permits but that's about it. I don't think he'd be impeached and I wouldn't say it'd cost him the elections next year either. Who said he was getting re-elected anyway?
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#18
08-15-2011, 01:23 AM
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elihu
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If Obama even tries to pass any immigration reform that would offer people a pathway to citizenship (since that's what permanent residency is to begin with), conservatives would sue him straight to the courts, and Obama's not about to press his DoJ to defend his actions, something it'd only halfheartedly support in front of a conservative Supreme Court.
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#19
08-15-2011, 02:44 AM
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Quote:
Originally Posted by elihu View Post
If Obama even tries to pass any immigration reform that would offer people a pathway to citizenship (since that's what permanent residency is to begin with), conservatives would sue him straight to the courts, and Obama's not about to press his DoJ to defend his actions, something it'd only halfheartedly support in front of a conservative Supreme Court.
Did you intentionally ignore what buckminster posted? No one is talking about paths to citizenship here!!
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#20
08-15-2011, 02:48 AM
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Quote:
Originally Posted by lilbawler2001 View Post
Did you intentionally ignore what buckminster posted? No one is talking about paths to citizenship here!!
Yes. :P

No, actually, though, I read it but felt that bertdude7 might have needed some clarification given that he asked about enacting the DREAM Act by way of an Executive Order.
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